New York Assembly Bill A08669

New York 2025-2026 Regular Session

• Introduced: 5/27/25
• Refer: 5/27/25
• Report Pass: 6/16/25
• Refer: 6/16/25

Caption

Permits certain twenty-five year retirement program dispatcher members to file elections not to participate.

Summary

This bill amends the Retirement and Social Security Law to give certain New York City Employees’ Retirement System (NYCERS) dispatcher members in the 25-year retirement program a second chance to opt out of that plan. Specifically, it applies to Tier 4 and Tier 6 dispatcher members who were older than age 30 when they were hired or placed into the plan and who did not file the required election not to participate within the original 180-day window. Those members would be allowed to file the opt-out election during a new 180-day period beginning on the bill’s effective date. The bill also requires the retirement system to post the opt-out form and instructions on its website within 30 days of the effective date and to announce that posting on its homepage. If the system fails to do so on time, the opt-out filing period is extended by 60 days for each month or partial month of delay. The act would take effect immediately.

Impact

The bill would create a new temporary election opportunity within section 604-e of the Retirement and Social Security Law for a narrow group of NYCERS dispatcher members, potentially moving affected members out of the dispatcher 25-year plan and into their underlying Tier 4 or Tier 6 plans. It would also impose an administrative posting requirement on the retirement system and could increase employer pension contributions for New York City, with the fiscal note estimating added costs beginning in fiscal year 2026 and continuing over time. Affected parties include eligible dispatcher members, NYCERS, and New York City as the employer bearing the actuarial cost.

Sentiment

The available legislative history suggests generally favorable sentiment toward the bill. It advanced through the Assembly Ways and Means Committee and the Assembly Rules Committee with unanimous votes, indicating no recorded opposition in committee action. The fiscal note frames the measure as a targeted pension correction for a limited population rather than a broad policy change.

Contention

The main policy issue is whether members who missed the original 180-day opt-out deadline should receive a retroactive second chance to leave the dispatcher 25-year retirement plan. Supporters appear to view the bill as a fairness and notice remedy for older members who may not have understood or timely exercised the election, while the fiscal analysis highlights the resulting increase in employer pension costs and the possibility of refunds of excess member contributions with interest. Any concern would likely center on pension cost exposure for New York City and the precedent of reopening a closed election period, though no explicit opposition is reflected in the provided votes or transcripts.